IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF NORTH
`CAROLINA
`
`INC.
`GLEN RAVEN,
`(a North Carolina corporation)
`
`Plaintiff
`
`VS.
`
`PREMIER CANDLE CORP.
`
`(a Canadian corporation)
`
`Defendant
`
`..\,\/\_,\J~.J\,~,‘,...,
`
`1:11-cv—884
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`STIPULATED FINAL JUDGMENT
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`Plaintiff and Defendant,
`
`through their respective undersigned
`
`counsel, hereby stipulate, and the court finds,
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`that there are no
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`genuine issues of fact or law in dispute between the parties,
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`that
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`all matters in this civil action have been resolved, and that this
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`civil action is in condition for disposition. Accordingly, it is
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`ORDERED, ADJUDGED AND DECREED that:
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`(1)
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`This court has jurisdiction of the subject matter and the
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`parties under § 39 of the Federal Trademark Act, 15 U.S.C. § 1121,
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`and 28 U.S.C. §§ 1331, 1332, 1338 and 1367.
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`(2) Plaintiff Glen Raven, Inc.,
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`is the owner of the trademark
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`SUNBRELLA,
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`alone
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`and in combination with other words and/or
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`designs,
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`for a line of performance fabrics for a variety of uses,
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`including, market
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`and
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`garden umbrellas,
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`indoor
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`and outdoor
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`furniture, cabanas, awnings, window treatments and accessories such
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`as area rugs, cushions and pillows, bedding products and varied
`«.2
`
`Jr%xduLn1GJ~FL
`709/ // O
`5U(?Qfl9 L335
`3/ ‘D 552/ 59$]
`3, 73/, $130
`Case 1:11-cv-OO884—TDS—.JEP Document 14
`Filed 04/26/12 Pace 1 of5
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`marine uses
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`including sail covers, windshield covers
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`and deck
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`enclosures, and has continuously used the trademark SUNBRELLA since
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`1959.
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`(3) Plaintiff is the owner of U.S. Trademark Registration
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`Nos. 709,110, 2,966,133, 3,652,524 and 3,731,230 for the trademark
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`SUNBRELLA,
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`alone
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`and in combination with other words
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`and/or
`
`designs.
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`The trademark SUNBRELLA and each of said registrations
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`are valid and enforceable.
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`(4) Plaintiff has the exclusive right to use SUNBRELLA, alone
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`and in combination with other words and/or designs,
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`in the State of
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`North Carolina and in interstate commerce for a line of performance
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`fabrics
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`for
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`a variety of uses,
`
`including, market
`
`and garden
`
`umbrellas,
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`indoor and outdoor furniture, cabanas, awnings, window
`
`treatments and accessories such as area rugs, cushions and pillows,
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`bedding products and varied marine uses including sail covers,
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`windshield covers and deck enclosures.
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`(5)
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`The
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`trademark SUNBRELLA had become
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`famous within the
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`meaning of
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`§ 43(c)(2) of
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`the Federal Trademark Act,
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`15 U.S.C.
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`§ l125(c)(2), and entitled to a broad scope of protection against
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`dilution and infringement prior to the actions of Defendant Premier
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`Candle Corp. complained of in this civil action.
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`(6)
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`The use of
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`the
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`trademark SUNELLA by Defendant
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`in
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`connection with patio candles and related goods is likely to cause
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`confusion as
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`to the source and/or
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`sponsorship of Defendant's
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`Case 1:11-cv-O0884—TDS—JEP Document 14
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`Filed O4/26/12 Pace 2 of 5
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`products, namely,
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`that such goods emanate from and/or are sponsored
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`or
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`approved
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`by Plaintiff,
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`and
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`is
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`likely to dilute
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`the
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`distinctiveness of Plaintiff's famous trademark SUNBRELLA.
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`(7) Effective July 12,
`
`2012, Defendant
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`and each of
`
`its
`
`officers, agents, servants, employees, attorneys,
`
`and successors
`
`and assigns,
`
`and all others who
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`are
`
`in active
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`concert or
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`participation therewith as provided in Rule 65(d)(2), Fed. R. Civ.
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`P., are hereby permanently enjoined from:
`
`1.
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`2.
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`Using the trademark SUNELLA;
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`Using any other trademark,
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`trade name, corporate
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`name, domain name or other commercial indication of
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`origin which is confusingly similar
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`to and/or
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`a
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`colorable imitation of
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`the Plaintiff's trademark
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`SUNBRELLA; and/or
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`Otherwise
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`infringing
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`or
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`diluting
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`the
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`distinctiveness
`
`of
`
`. the
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`federally
`
`registered
`
`trademark SUNBRELLA.
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`(8) All claims pleaded by Plaintiff against Defendant other
`
`than the claim for injunctive relief granted by fl
`
`(7) of
`
`this
`
`stipulated Final Judgment are hereby dismissed with prejudice.
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`(9)
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`Each party shall bear its own costs and attorneys‘ fees.
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`(10) This Stipulated Final
`
`Judgment shall be binding upon
`
`Plaintiff and Defendant and each of
`
`their respective officers,
`
`agents, servants, employees, attorneys, and successors and assigns,
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`Case 1:‘! 1—cv—0O884-TDS-JEP Document 14
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`Filed O4/26/12 Pace 3 of 5
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`and upon those persons in active concert or participation with them
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`who receive actual notice thereof by personal service or otherwise
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`as provided in Rule 65(d)(2), Fed\ R. Civ. P.
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`(11) The court shall retain jurisdiction of this civil action
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`and the parties to resolve any issues arising of any claim of
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`violation of or noncompliance with this Stipulated Final Judgment
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`and/or
`
`the Agreement between the parties in settlement of
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`this
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`civil action.
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`(12)
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`In accordance with § 34 of the Federal Trademark Act, 15
`
`U.S.C. § 1116,
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`the Clerk of the Court shall notify the Commissioner
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`of Patents and Trademarks of the entry of
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`this Stipulated Final
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`Judgment who shall enter it upon the records of the U.S. Patent and
`
`Trademark Office.
`
`/s/ Thomas D. Schroeder
`United States District Judge
`
`April 26, 2012
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`Case 1:11-cv-00884-TDS-JEP Document 14
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`Filed 04/26/12 Pace 4 of 5
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`Plaintiff and Defendant,
`
`through their respective undersigned
`
`counsel, hereby stipulate and consent to the entry of the foregoing
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`Stipulated Final Judgment and waive any and all rights of appeal.
`
`GLEN RAVEN,
`
`INC.
`
`PREMIER CANDLE CORP.
`
`/s/ Dixie T. Wells
`By:
`Dixie T. Wells
`N.C. Bar No. 26816
`Ellis & Winters LLP
`333 N. Greene St., Suite 200
`Greensboro, N.C.
`27401
`Tel.
`(336) 217-4193
`Fax (336) 217-4198
`Email:dixie.wells@elllswinLers . C (1 H1
`
`By: /s/ Peter J. Juran
`Peter J. Juran
`N.C. Bar No. 13566
`
`Blanco Tackaberry &
`Matamoros,
`PA
`P.O. Drawer 25008-5008
`Winston-Salem, N.C. 27114
`Tel.
`(336) 293-9000
`Email: pjj@blancolaw.com
`
`and
`
`and
`
`Christopher Kelly
`Alan S. Cooper
`Wiley Rein LLP
`1776 K Street, N.W.
`Washington, D.C. 20006
`Tel.
`(202) 719-7000
`Fax:
`(202) 718-7049
`Email: ckelly@wileyrein.com
`acooper@wileyrein.com
`
`Matthew A. Braunel
`
`Thompson Coburn LLP
`One U.S. Bank Plaza
`St. Louis, Mo. 63101-1893
`Tel.
`(314) 552-6000
`Fax (314) 552-7000
`Email:
`
`mbraunel@thompsonCoburn.com
`
`Attorneys for Plaintiff
`
`Attorneys for Defendant
`
`Case 1:11-cv—OO884—TDS-JEP Document 14
`
`Filed 04/26/12 Pace 5 of 5
